Introductory
Litigation about Brexit continues to throw light on constitutional principles, both new and well-established. In the case of Wightman & others, petitioners [2018] CSOH 61, advised on 8 June 2018, the Court of Session was called upon to consider whether the UK’s Article 50 notification could be unilaterally revoked by the UK in good faith such that the UK could continue to be a member of the European Union after 29 March 2019 on the same terms and conditions as it presently enjoys.
In refusing to make a reference to the Court of Justice of the European Union (“CJEU”) and dismissing the petition for judicial review, Lord Boyd considered the issue was hypothetical because there was in fact no suggestion the notification would be revoked. His Lordship also considered several aspects of Parliamentary privilege, and commented on the proper boundary between the legal and the political parts of constitutional…
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Utopia, you are standing in it! 
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